Kerala High Court
Sajir. K vs The District Collector on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 41248 OF 2022
PETITIONER:
SAJIR.K
AGED 35 YEARS
S/O SEYTHALAVI
KAVUNGATT HOUSE, PANTHEERANKAVU,
KOZHIKODE - 673019
BY ADVS.
ANISH ANTONY ANATHAZHATH
SUNILKUMAR M.
NIVEA K.G.
RESPONDENTS:
1 THE DISTRICT COLLECTOR KOZHIKODE
CIVIL STATION P.O, KOZHIKODE PIN - 673 020
2 THE DEPUTY COLLECTOR (L.R)
KOZHIKODE, CIVIL STATION P.O, KOZHIKODE - 673020
BY ADVS.
SHRI.B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
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JUDGMENT
The petitioner is the owner of a tipper lorry bearing
Registration No.KL/11/BA/7869, which was seized for
violation of the provisions of the Kerala Conservation of
Paddy Land and Wetland Act, 2008 (hereinafter referred
to as the 'Act' for short).
2. On seizure of the vehicle, the petitioner was
given an option to pay, in lieu of its confiscation, an
amount of Rs.4,12,500/- being the sum equal to one and
a half times the value of the vehicle seized, as
determined by the 1st respondent District Collector on the
basis of the report of the Regional Transport Officer,
Kozhikode.
3. The petitioner submitted Ext.P2 representation
before the 1st respondent for payment of the aforesaid
amount in installments, due to financial constraints. The
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said request was rejected by the 1 st respondent by Ext.P3
stating that the Statute does not provide for payment of
the amount determined in installments. Accordingly, the
petitioner has approached this Court for direction to
respondents to allow the petitioner to pay the fine
amount in 15 monthly installments.
4. Heard the learned counsel for the petitioner
and the learned Government Pleader for the
respondents.
5. Section 12 of the Act empowers the authorized
officer to seize any vessel, vehicle or other conveyance
or any implements used or purported to be used in
contravention of the provisions of the Act. Section 19
empowers any officer of the Revenue Department not
below the rank of village Officer or any Officer authorized
by the Government in this behalf or any police officer not
below the rank of a Sub- inspector to enter and search
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any premises and seize any vessel, vehicle or any other
conveyance or any clay, sand, earth etc., removed from
the paddy land or wetland or any brick, tile made of all or
any of them or machinery used or deemed to have been
used for any activity in contravention of the provisions of
the Act, and to submit a report regarding such seizure,
whether prosecution proceedings have been initiated or
not, to the District Collector having jurisdiction over that
area within forty eight hours of such seizure. Section 20
of the Act reads thus:-
20. Confiscation of vessel, vehicle, etc.-
(1) After obtaining a report regarding seizure under
Section 12 or Section 19, the "[District Collector] may, if he
thinks fit, order confiscation of the object seized:
Provided that the owner or the person in custody of the
same, shall be given an option to pay, in lieu of its
confiscation, a sum equal to one and a half times the value of
the seized articles, as may be determined by the District
Collector
[Provided further that the District Collector may take
W.P.(C).No.41248 of 2022.
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any action, in such manner as may be prescribed, to dispose
the seized clay, sand, earth, brick, tile etc. and cause to remit
the sums collected to the Fund.]
(2) No order of confiscation under sub-section (1) shall
be made by the District Collector unless the owner thereof has
been given an opportunity of being heard in the matter.
(3) No order of confiscation under sub-section (1) shall
be invalid merely by reason of any defect or irregularity in the
notice given under sub-section (2), if the provisions have been
substantially complied with.
(emphasis supplied)
6. Section 21 of the Act deals with appeal against
confiscation and Section 22 provides that the award of
any confiscation under the Act by the District Collector
shall not affect the infliction of any punishment to which
the person affected thereby is liable under the Act.
Section 23 deals with 'penalty' for violation of the
provisions of the Act.
7. Under Section 20 of the Act, once the District
Collector orders confiscation of the vehicle seized, the
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owner or the person in custody of the vehicle is given an
option to pay, in lieu of its confiscation, a sum equal to
one and a half times the value of the seized articles, as
may be determined by the District Collector.
8. The petitioner has not preferred any appeal
under Section 21 of the Act. He has approached the
District Collector for payment of the amount in lieu of
confiscation as determined by the District Collector, in
installments. The said request was rejected by the
District Collector on the ground that the Statute does not
provide for payment of the amount in lieu of confiscation,
in installments.
9. It is true that the Act does not provide for
payment of the amount in lieu of confiscation as
determined by the District Collector, in installments.
Keeping the vehicles in custody for long period pursuant
to the seizure would be of no use to the State or the
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owner of the vehicle. It would only make the tow yard,
usually the premises of the Revenue office or the Police
station a grave yard of junk vehicles. It doesn't enrich
the exchequer and at the same time puts the owner of
the vehicle in peril. When the Act provides for release of
vehicle seized and confiscated, by paying a sum equal to
one and a half times the value of the seized articles, as
may be determined by the District Collector in lieu of
confiscation, I am of the view that the vehicle
confiscated can be released on payment of the amount
in lieu of confiscation as determined by the District
Collector, in installments and on appropriate terms and
conditions.
10. Accordingly, there will be a direction to the
respondents to release the vehicle bearing Registration
No.KL/11/BA/7869 to the petitioner on condition that he
furnishes security bond before the District Collector for
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the amount of Rs.4,12,500/- along with two solvent
sureties for the said sum. On furnishing such security,
the petitioner is permitted to pay the amount of
Rs.4,12,500/- determined by the District Collector in six
equal monthly installments. The first installment shall be
paid on or before 01.02.2023. The petitioner shall pay
the following installments on the first working day of the
subsequent months. On payment of the first installment
as above, the vehicle shall be released to the petitioner
within one week therefrom. The petitioner shall not
transfer or alienate the vehicle till the entire amount of
Rs.4,12,500/- determined by the District Collector is paid
and the proceeding, if any, pursuant to the seizure is
over. The petitioner shall not indulge in similar activities
as alleged against him. In case the petitioner commits
any default in the payment of installments, petitioner
shall surrender the vehicle to the respondents, or else,
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the respondents will be free to seize the vehicle.
The writ petition is disposed of with the above
directions.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
Raj.
17.01.2023.
W.P.(C).No.41248 of 2022.
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APPENDIX OF WP(C) 41248/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 13.12.2021 ISSUED
TO THE PETITIONER
Exhibit P2 A TRUE COPY OF APPLICATION DATED
05.12.2022 SEEKING INSTALLMENTS
Exhibit P3 A TRUE COPY OF THE REJECTION ORDER
ISSUED TO PETITIONER DATED 08.12.2022
BY THE 1ST RESPONDENT
